The case against a Texas teenager who was jailed after an argument from League of Legends spilled over onto Facebook is going to move forward, reports onGamers sister site GameSpot. Judge Jack Robinson denied the motion to dismiss the case against 19-year-old Justin Carter this week, as reported by Texas news site KENS5.
Carter was arrested in March after comments made on Facebook following a League of Legends match. After another player called him crazy, Carter responded by saying "I'm fucked in the head alright, I think Imma shoot up a kindergarten and watch the blood of the innocent reign down."
He reportedly followed up these comments with "lol" and "jk". A woman in Canada saw his comments and informed the police, who arrested Carter for making a 'terrorist' threat. After spending four months in jail, an anonymous person posted Carter's $500,000 bail in July.
Last week Justin Carter and his father, Jack Carter, returned to New Braunfels for what they thought was their best shot at ending the case.
"I did sort of feel hopeful on this one. I don't honestly believe that he did anything wrong." Jack Carter told Austin's KEYETV. "We need to rewrite these laws so that they can be a little more specific so that innocent American kids aren't getting swept up and thrown away for 10 years for flippant remarks they make in video games or on the internet," said Jack.
"He's been accused of saying something stupid. That's not a crime. Telling a joke is not a crime," said Justin's attorney, Don Flanary. "The indictment doesn't even say who he threatened," said Flanary. "What kindergarten? Kindergarten in what country? What state? Saying words don't automatically make something a crime. If that were the case, every comedian, every TV producer would be charged with a crime."
Prosecutors from the The Comal County District Attorney's Office think otherwise.
"We are here today because Mr. Flanery and the defense team doesn’t think that posting a threat on Facebook to kill a group of kindergartners is a crime," said Chari Kelly of the Comal County District Attorney's Office.
Carter faces up to 8 years in prison if convicted.